Missouri Goodwill Industries, Inc. v. Johannsmeyer

CRANE, Presiding Judge.

This appeal involves a sublessee’s untimely compliance with the notice to terminate provision of a sublease. On March 23, 1987 Missouri Goodwill Industries, Inc. (Goodwill) entered into a 17 year sublease beginning April 20, 1987 and ending the last day of February, 2004 with Kenneth Johannsmeyer, Randall D. Lytle, and Nelson Scherrer, general partners of Lytle Partnership (Defendants) to sublet part of a shopping center for a Goodwill store. The Sublease gave Goodwill an option to terminate on three dates during the Sublease term:

30. Sublessee shall have the right to…